Wilcox v. Pratt
New York Supreme Court
Appeal from special term, Lewis county. Action by Joseph H. Wilcox and Warner Miller against Harriet Pratt, for the specific performance of a contract, and the appointment of a receiver.
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Appeal from special term, Lewis county. Action by Joseph H. Wilcox and Warner Miller against Harriet Pratt, for the specific performance of a contract, and the appointment of a receiver. The issues were decided in favor of plaintiffs, and judgment was entered appointing a permanent receiver of the partnership of Pratt & Wilcox, and directing that “said copartnership, and the individual members thereof, turn over and deliver up to the said receiver all the property and assets belonging to their copartnership. (5) Said receiver will proceed, under the directions of the court, to close up the…
1Opinion of the CourtHardin, P. J.
1. Upon the evidence produced before the trial court it is very evident that the case was one for equitable cognizance. Whiton v. Spring, 74 N. Y. 169. Defendant, owning 15,225 acres of land in the county of Herkimer, entered into a contract with the plaintiff Wilcox for the purpose of cutting the timber thereon, and making sales, with a mutual agreement that the respective parties should contribute money and carry forward the contemplated enterprise with the respective sums of money mentioned in the contract. Wilcox was to advance $5,000 and the defendant was to advance $20,-000 in money or…
2Cases cited5 opinions
- King v. . BarnesNew York Court of Appeals · 1888
- Marten v. Van Schaick & BloodgoodNew York Court of Chancery · 1834
- Jackson v. De ForestNew York Supreme Court · 1856
- Smith v. New York Consolidated Stage Co.New York Court of Common Pleas · 1864
- Whiton v. . SpringNew York Court of Appeals · 1878
3Cited by1 opinion
- Thornton v. BarberAppellate Division of the Supreme Court of the State of New York · 1900